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(영문) 광주지방법원 2019.10.02 2018나62774

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(b) the facts of the basis;

A. On April 26, 2013, the Plaintiff purchased the right of advance payment (hereinafter referred to as “outboard”) from D, which was a former operator of the “C Point” (hereinafter referred to as the “instant skin management office”) on the day and April 30, 2013. On the same day, the skin management in the instant skin management office was conducted on the same day, and on May 11, 2013, the Plaintiff visited the place of business to appeal for the skin tables did not undergo secondary management in the skin management office of the instant case.

- The 10th management date shall be six months following the date of management in accordance with the management standards.

* The remaining number of months after six months is extinguished.

B. Meanwhile, D concluded a franchise agreement with E and operated the instant secondary management office. However, the management terms and conditions of E in 2013 include the following provisions (hereinafter “instant terms and conditions”).

C. On October 6, 2014, the Plaintiff filed a lawsuit against D with the Gwangju District Court No. 2014Gadan524150, the Plaintiff filed a lawsuit seeking damages from the said booming, and this Court dismissed the Plaintiff’s claim on November 13, 2015, on the ground that “D proves that it performed the management of the booming substance in accordance with the agreement with the Plaintiff, and it is insufficient to recognize that the Plaintiff’s ground for the booming infection caused negligence in the course of the booming management by the Plaintiff’s university hospital, etc. or its employees, and there is no other evidence to support this otherwise, the Plaintiff’s claim for damages was groundless.” The Plaintiff appealed from the Gwangju District Court No. 2015Na56525, but the Plaintiff was dismissed, and the Plaintiff’s appeal was also dismissed on October 13, 2016.

B On July 30, 2014, upon reporting the succession to the status of the business entity as the ground for succession that he/she acquired the business of the skin management office in this case from D from Gwangju Seo-gu Office, reported the change of the trade name of the skin management office in this case to F stores, and on July 31, 2014.